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QC12112014

56 The Queens Courier • DECEMBER 11, 2014 FOR BREAKING NEWS VISIT www.queenscourier.com Legally Speaking By: Scott Baron, Attorney at Law A SECRET POLICY Q: My special-needs bus would never enter the school yard. Instead, it would stop on the street, and an employee of the bus company would make sure I got inside. One day, the employee was absent. I was left unattended in the traveling bus, for over six hours. Everyone agrees that the bus company is liable for this. What about the school? A: Traditionally, it has been the responsibility of the bus company, not the school, to check to see that all of the children have exited the bus. A school’s duty to its students is dependent on its physical custody of those students, and you never passed into that physical custody. However, suppose that, before this incident, the school had promulgated a policy, and implemented a practice, of ascertaining the whereabouts of any child who is absent from class. By virtue of this, your attorney might be able to contend that the school had assumed a duty to ensure the safe arrival of its students. On the other hand, in order for the school to be negligent in the performance of any such assumed duty, the bus company or your parents must have known of, and relied upon, the school’s performance. You or the company must have tailored your own conduct in reliance upon the school’s hypothetical policy of checking. I would imagine that, even if the school had such a policy, the school had declined to publicize it – and cannot possibly have relied on upon a policy that was secret. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Call Now & End Your Tax Nightmare! • Owe the IRS more than $10,000? • Being Audited? • Unfi led Tax Returns? • Wage & Bank Levies? Co-Author of the best selling book “Breaking the Tax Code” Salvatore P. Candela, EA, ATA, ABA Enrolled Agent - Tax Advisor (T) 877-TAX-1040 (F) 718-894-4476 scandela@thetaxadvocategroup.com www.thetaxadvocategroup.com INTERNS WANTED NEWSPAPER IN QUEENS EDITORIAL & WEB editorial@queenscourier.com LOOK YOUNGER FOR THE HOLIDAYS cOSMEtic & lASiK SuRgERY FREE Evaluations AlinA K. StAnciu, M.D. Board Certified Eye Physician & Surgeon Retina and Viterous Specialist American College of Eye Surgeons American Society of Cataract & Retroactive Surgery Over 16 Years Experience New York Trained Make the Aging Lines Go Away Without Invasive Surgery! Just Ask Me How. sPanisH, FREnCH, italian, Russian, aRMEnian & RoManian sPoKEn CALL FOR AN APPOINTMENT Evening Hours, plus Saturdays and Sundays 70-25 Yellowstone Blvd. • Forest Hills 718-793-EYES (3937) • Fax: 718-793-0268 • Advanced Cataract Surgery • The Restor Lens • Retinal Specialist • Diabetic Retinopathy • Macular Degeneration • Glaucoma Evaluation & Treatment • Botox®, Restylane, Juvéderm • LID Surgery • Comprehensive Eye Exam • Laser Surgery • Flourecein Angiography • Optical Onsite • Designer Frames Providing Personalized, Expert Medical Care! *Patient and any other person responsible for payment has the right to refuse to pay, cancel payment, or be reimbursed for payment for any other service, exam or treatment that is the result of & within 72 hours of responding to the advertisement for the free discounted or reduced fee service exam or treatment. MEDicARE & MOSt inSuRAncE PlAnS AccEPtED


QC12112014
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